Kingsbridge MDA-13-003CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
~E IDIZ IAN~-
~J
In the Matter of the Request for a Development Agreement Modification for the Purpose of
Modifying the Landscape Buffer Adjacent to E. Zaldia Street/Lane for Kingsbridge Subdivision,
Located East of S. Eagle Road, North Side of E. Zaldia Street/Lane, by Stetson Homes.
Case No(s). MDA-13-003
For the City Council Hearing Date of: March 26, 2013 (Findings on Apri19, 2013)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by
reference)
3. Application and Properly Facts (see attached Staff Report for the hearing date of March 26, 2013,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of March 26, 2013, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use
Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 1 1. Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 201 1, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-003
-1-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of March 26, 2013, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a development agreement modification is hereby approved per the
provisions in the attached Staff Report for the hearing date of March 26, 2013, attached as
Exhibit A.
D. Notice of Applicable Time Limits
Notice of Two (2) Year Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City within
two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D).
A modification to the development agreement may be initiated prior to signature of the agreement
by all parties and/or may be requested to extend the time allowed for the agreement to be signed
and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-
3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of March 26, 2013
CITY OE MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-13-003
-2-
By action of the City Council at its regular meeting held on the day of ~-pY- ~ ~ ,
2013.
COUNCIL PRESIDENT BRAD HOAGLUN VOTED C~~'L.
COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED ~~ e
COUNCIL MEMBER DAVID ZAREMBA VOTED C~ ~
COUNCIL MEMBER KEITH BIRD VOTED C
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tam e Weerd
d--~®
Attest:
Jaycele II(lm`a,r~, City
Copy served. upon Applicant, The
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,~ City of
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SEAL
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F'Tf~Of fAe T&E A~~4t P
annin ment, Public Works Department and City Attorney.
By: ~ `~-~I-1~-~- Dated: `~~~~
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). MDA-]3-003
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EXHIBIT A
STAFF REPORT
HEARING DATE:
To:
FROM:
SUBJECT:
March 26, 2013
Mayor and City Council
Bill Parsons, Associate City Planner
(208) 884-5533
MDA-13-003 -Kingsbridge
~I)IA~T
IDAF~IQ
I. SUMMARY DESCRIPTION OF REQUEST
The Applicant, Stetson Homes, is requesting to amend the recorded Kingsbridge development
agreement (DA instrument # 105092050) for the purpose of modifying the landscape buffer adjacent
to E. Zaldia Street/Lane. The applicant is proposing two (2) options for modifying the landscape
buffer. Option #1 would lower the height of the existing 11-foot high berm by 3-feet and relocate the
existing 6-foot tall fence south five (5) feet towards the shared boundary of the common lot and the
buildable lots (This location is still three (3) feet north of the shared common lot/buildable lot lines,
on the individual lot owners' property). Overall height of the berm/fence combination would be eight
(8) feet under this scenario. Option #2 would lower the berm only two (2) feet, while also relocating
the fencing to the same location as option 1. Under this scenario the overall height of the berm/fence
combination is nine (9) feet. The modification is proposed so the adjacent property owners have more
rear yard and so the fence is constructed upright and not on the berm slope. Staff's analysis of the
modification is based on the applicant's preferred option # 1. See Section VII Analysis for more
information.
Note: All of the affected property owners adjacent to the landscape buffer and the HOA (developer)
have submitted notarized affidavit of legal interest consenting to be part of the development
agreement modification application.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the application as detailed in Section VII of the staff report. If City
Council approves the subject application, the Council action does not constitute a modification to
the Settlement Agreement referenced in the recorded DA instrument #IOS092050. The Meridian
1tv Council heard this item nn March 26. 2013_ At the nnhlic hearinu_ the ouncll approve
the subject MDA reaue t.
a. ummarv of itv o ~ncil P ~blic H grin s
L n favor: Stan Rav, u tin Ro c. Deborah and errv Taylor. Mea an Thorndvk .
William chult ..
ii: ounosition: Keith Lench. Robin Meyer. Frank hoemaker. Philin and ~dv
eAn~eli. David and anie eeter. .on and Michelle Ro e. Tame Davi .Terry and
ethane Var a on. V .rna Kpccl .r_ llpp
Iii. ommenting: Brian i.ar en and Geor a McDonald
lY.. Written testimony: ee onno ition ection above.
y Staff nresentins application: Bill Parsonc
Yit Other staff commenting on application• Bill Narv
1t~ ev Issues of Di cu ion by ouncil:
L eauired landscape buffer bein Hart of the buildable lot
ii= Maintenance of the landscape buffer.
iiL Location of property Wins.
i~ Limiting building permits until the berm is reconstructed and maintained
y, he berm and buffer reauirementc in the recorded development a r . m nt
Kingsbridge MDA- 13-003 Page 1
EXHIBIT A
Yi: The inclusion of a 5-foot land cane easement along the rear of the buildable lots.
Yii: The lack of compromise between the neighbors.
~. ev Council hap a to tall R .c~mmpnrlatin»
- 1. None
III. PROPOSED MOTION
Approval
After considering all Staff, Applicant, and public testimony, I move to approve File Number MDA-
13-003, as presented in Staff Report for the hearing date of March 26, 2013, with the following
changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a
Development Agreement for this site that reflects the changes noted in Section VIII.
Denial
After considering all Staff, Applicant, and public testimony, I move to deny File Number MDA-13-
003, as presented during the hearing on March 26, 2013. (You should state why you are denying the
request.)
Continuance
I move to continue File Number MDA-13-003 to the hearing date of (insert continued hearing date
here) for the following reason(s): (you should state specific reason(s) for continuance)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location: The subject property is located on the north side of E. Zaldia Street; east
of S. Eagle Road in the northwest'/4 of Section 28, Township 3 North, Range 1 East.
B. Applicant/Owner(s):
Boise Hunter Homes
1025 S. Bridgeway Place
Eagle, ID 83616
Eric Race
3453 E. Plympton Drive
Meridian, ID 83642
Terry Taylor
3261 E. Plympton Drive
Meridian, ID 83642
Justin Ross
3293 E. Plympton Drive
Meridian, ID 83642
Darrell Burchfield
PO BOX 10
Eagle, ID 83616
Stan Ray
335 W. State St, Suite A
Eagle, ID 83616
Meagan Thorndyke
3421 E. Plympton
Meridian, lD 83642
C. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is a request for a development agreement modification. Per Meridian City
Code, a public hearing is required before the City Council on this matter.
B. Newspaper notifications published on: March 4, and 18, 2013
C. Radius notices mailed to properties within 300 feet on: February 28, 2013
D. Applicant posted notice on site by: March 15, 2013
VI. LAND USE
A. Existing Land Use(s): The subject properties are vacant or developed residential lots and a
common lot within Kingsbridge Subdivision No. 1, zoned R-2.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject properties are
surrounded by developed single family residences in the County and the City.
Kingsbridge MDA- 13-003 Page 2
EXHIBIT A
C. History of Previous Actions:
• In 2004, the first applications (AZ-04-023, PP-04-030 and CUP-04-032) for the Kingsbridge
project were submitted and subsequently denied by City Council. The basis for the denial was
largely due to the lack of transitional lots between the project and the large county parcels
surrounding the property. The applicant redesigned the plat and resubmitted to the City for
approval in 2005.
In 2005, the property received annexation (AZ-OS-003), preliminary plat (PP-OS-004) and
Conditional Use Permit (CUP-OS-004) approval for a Planned Development (PD). The PD
allowed reduced lot frontages and extended block lengths. The preliminary plat consisted of
130 residential lots and 34 common lots. A development agreement (DA), recorded as
instrument #105092050, was required at the time annexation approval. As part of the DA
approval, a separate settlement agreement with the adjacent property owners was also
required and tied to the DA. Further, the requirements for the landscape buffer adjacent to E.
Zaldia Street/Zaldia Lane were tied to the recorded development agreement.
The City Council approved the final plat (FP-OS-056) for the first phase of Kingsbridge on
September 20, 2005. Phase 1 recorded with 53 residential lots and 20 common lots on 38.4
acres. The properties subject to the buffer along Zaldia were platted with this phase of the
development. A 28-foot wide landscape buffer along E. Zaldia Street was approved with the
final plat landscape plan. However, a portion of the adjacent buildable lots are part of the
constructed landscape buffer.
VII. STAFF ANALYSIS
The applicant is requesting to modify the landscape buffer and berm adjacent to E. Zaldia
Lane/Street, specifically the width and the height of the berm and fence combination. Currently, the
recorded development agreement requires a 20-foot wide landscape buffer to be bermed and provide
a vertical screen height of eleven (11) feet. Further, a 5-foot landscape strip was required on the south
side of 6-foot privacy fence (see Exhibit A.4). The overall width of the buffer was approved for 25
feet however; a 28-foot wide landscape buffer was constructed and approved with the development.
Eight (8) feet of the landscape buffer is part of the adjacent buildable lots' rear yards, thus part of the
reason for the modification.
The applicant is requesting to lower the berm a maximum of three (3) feet and relocate the existing 6-
foot fence five (5) feet south. Overall height of the berm/fence combination is planned to be
approximately eight (8) feet in height. If the fence is moved as proposed by the applicant, the width of
the landscape buffer, between the street and fence, will be reduced from 28 feet in width to 23 feet
(see Exhibit A.2).
Staff is supportive of the applicant lowering the berm height so the fence can be constructed outside
of the slope of the berm. However there are numerous pine trees near the existing fence line that
could be impacted if the width of the buffer was reduced beyond the DA required 25 feet. Further, the
proposed landscape buffer is not being maintained by the HOA nor the adjacent homeowners which
currently under the control of the developer (Boise Hunter Homes). For these reasons, staff is
recommending the following modifications to the recorded development agreement:
1) Staff recommends the applicant be allowed to lower the berm height three (3) feet, relocate the
existing 6-foot fence three (3) feet south, to be within three (5) feet from the shared
common/private property lines, maintaining a 25-foot wide buffer (not 23 feet as proposed), to
ensure adequate protection for the existing pine trees; the existing pine trees must be protected
during the modification of the berm and fence relocation and:
Kingsbridge MDA- 13-003 Page 3
EXHIBIT A
2) The Kingsbridge HOA must landscape a portion of the existing 25-foot wide landscape buffer
because materials have died due to neglect. Said improvements shall be made consistent with the
approved final plat landscape plan dated 7-27-05. Said landscape buffer shall be maintained in
accord with the approved conditions of approval associated with FP-OS-061.NOTE: The common
lot adjacent to Zaldia Street was platted as a 20-foot wide common lot. Further, the recorded DA
requires the additional 5-foot wide landscape strip and pine trees every 20-foot on center on the
adjacent buildable lots. Currently, the homeowner's do not have access through their lots to
maintain the 5-foot wide landscape strip. This may become a code enforcement issue since the
landscape buffer is not being maintained. Staff encourages the home owners and the HOA work
together on a solution for the maintenance of the25-foot wide landscape buffer.
Written Testimony: Based on phone conversations with several of the neighbors, it was brought to
staffls attention that the Nine Mile Creek was within the jurisdiction of the Army Corp of Engineers.
Staff meet with a representative from the Corp on site and written documentation from the Corp
substantiates the proposed modifications do not impact the jurisdictional boundaries of the Corp.
Further, staff has received multiple letters in opposition of the proposed modification from the
adjacent neighbors. The neighbor's primary concerns are as follows:
1) modification to the landscape buffer would damage the existing trees;
2) stability of the berm after the modification;
3) reduced property values;
4) aesthetics of the berm;
5) improper notification to the Napoli homeowner's;
6) greater visibility of the adjacent Kingsbridge homes and;
7) negatively impact the wildlife using the existing open waterway (Nine Mile Creek).
If the landscape buffer is modified as recommended, staff is of the opinion many of the neighbor's
concerns will be addressed. Staffls recommended changes to the development agreement are
attached in Exhibit A.S.
X. EXHIBITS
A. Maps/Other
1. Vicinity/Zoning Map
2. Proposed Changes to the Berm
3. Approved Berm Design
4. Recorded DA Provisions for the Kingsbridge Annexation
5. Recommended DA Provisions
Kingsbridge MDA- 13-003 Page 4
EXHIBIT A
Exhibit A.1 - Vicinity/Zoning Map
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Kingsbridge MDA- 13-003 Page 5
EXHIBIT A
Exhibit A.2 -Proposed Changes to the Berm
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Kingsbridge MDA- 13-003 Page 6
EXHIBIT A
Exhibit A.3 -Approved Berm Design
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SECTION D ZALDIA LANE BERM
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Kingsbridge MDA- 13-003 Page 7
EXHIBIT A
Exhibit A.4 -Recorded DA Provisions for the Original Kingsbridge Annexation
honing and Development OtYiinance critxria, therein, provided, prior to, a~ as a condition
of, the commencement of constcuctian of any buildings or improvements on the "Property"
that require a conditional use permit.
6. CONDITIONS GOVERNING DEVELOPMENT OF SjJB.1Et:T
PROPERTY:
6.1. "Owner/Developer" shall develop the "Property" in accordance with
the following special conditions:
1. That fencing on the north side of Lot 9, Block 1, adjoining Dartmoor
Subdivision, shall be installed prior to issuance of the first building permit
on the subject property;
2. That the applicant shall impose, in the CCR's for Kingsbridge
Subdivision, a minimum 25-foot rear yard. setback on all perimeter lots;
3. That the applicant shall impose a single story restriction on specific
perimeter lots, single-story restricted lots shall have a maximum peak of
25-feet and a 10:12 maximum pitch, with no bonus rooms in the attic
space;
4, That along Zaldia Lane, the applicant shall conshvct a S-foot wick
Landscape strip, south of the 6-foot vinyl privacy fence. M evorgrecn tree
shall be installed every 20.feet on center within the landscape strip;
5. That the applicant shall construct a berm (maximum 4:1 slope) within the
proposed 20.faot wide buffer strip along Zaldia Lane. Said berm shall
produce a total vertical screen of 11-feet (6-.foot privacy ftuce on top of a
S-foot berm}. Vertical screen height to be measured from the Zaldia
Lanelsouth property line established grade;
6. That the applicant shall pipe the tail ditch from the Dartmoor irrigation
pond (along Eagle Road, north of Dartmoor Drive) through the site;
7. That a concrete sidewalk, curb, and gutter (or, if mutually agreed by the
developer and the Dartmoor residents, detached, meandering sidewalks
separated from the street} extending along both sides of Dartmoor Drive
from the Kingsbridge sidewalks at the currar-t end of Dartmoor Drive to
Eagle Road. Construction of said sidewalks shall be completed prior to
issuance of the first building permit in the development. (NOTE: Said
improvemens are subject m ACIdD approval and design standards);
$. That tho applicant will construct a 3-rail fence along the Dartmoor Drive
frontage for the existing homes along Dartmoor Drive that currently do not
have fencing. In lieu of a 3-rail fence, a white vinyl fence shall be installed
on the south side of Parcel ~! 81734560100. Said fencing shall be
DEVELOPMENT AGREEMENT (AZ-05-003 - KINGSBRIDCiE SUBDYVJSIOI~
PAGE 4 OF 1 l
Kingsbridge MDA- 13-003 Page 8
EXHIBIT A
completed prior to issuance of the first building permit in Phase IC (second
final plat phase) of the development;
9. That prior to issuance of the first building permit in Phase II {second final
plat phase), the applicant shall pips tho tail ditch from the Dartmoor
irrigation pond (along Eagle Road, north of Dartmoor Drive) thmugh the
site and install a head gate on the new inlet to control water flow into the
pond;
10. To ensnare that density changes arc not made between preliminary and final
plat approvals, no significant changes will be allowed to the plat dated
April 5, 2005, except changes required by governmental agencies or other
minor changes approved by governmen~l agencies which do no increase
density or daily vehicle trips. Except far minor lot size adjustm~ts
between adjacent perimeter lots, no perimeter lot in the subdivision shall
be reduced in size below the square footage shown on the preliminary plat
dated Apri15, 2005. All perimeter lots shall remain as single home
reside~ial lots that cannot be further subdivided or split as part of this
subdivision. The preliminary plat dated April 5, 2005, is hereby inchxled
as a co~iition of approval for developing the subject property;
11. That the applicant shall develop a weed control and maintenance plan for
the undeveloped areas of the subdivision;
12. That the applicant sJaall develop a grading and drainage plan for the five
(S~ lots on the northwest corner of the subdivision; ar>d,
l 3. That the applicant's plans for retention and/or treatment of storm water
prior to leaving tho sift shalt be submitted for review cad approval of fire
Dartmoor HOA President, winch shall not be unreasonably withheld.
6.2 Ovvner/Developenc~s entered into a Sottlarnent Agreement with
the authorized representatives of the property owners residing in
Clolden Eagle Estates, Bridlewood Subdivision, Kunz Hollow
Subdivision, Zaldia Zcnia Subdivision and Dartmoor Subdivision
(caUectively, the "Neighbors' on the 12a' day of April, 2005, set
forth in Exhibit C, which is attached hereto and by this reference
incorporated herein as if set forth in full.
~. COMPLIANCEPERIOD/CONS ~'NT TO REZONE: This Agro~t and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "owner''' or "Owners" heirs, successors, assigns, to comply with
Section 5 entitled "Conditions Governing Re-Zone" of subject "Property" of this agreemerrt
within two years of the date this Agreement is effective, and after the "City" has complied.
DBYELOPMEAIT A(}REBMEN'T (A~t?3-0o3 - K1NaSBR1DGE SUBDPVISIONj
PAGE S OF 11
Kingsbridge MDA- 13-003 Page 9
EXHIBIT A
Exhibit A.5 -Recommended Changes to the recoded Development Agreement
1) Strike through DA provisions #4 and #5 and insert the following provision: A 25-foot wide
landscape buffer, consisting of a 20-foot wide common lot and 5-foot wide landscape strips south
of the privacy fence, are required adjacent to E. Zaldia Street/Zaldia Lane. The landscape buffer
shall be bermed and provide a minimum vertical screen height of 8 feet (6-foot privacy fence and
2-foot berm) as measured from E. Zaldia Street/Zaldia Lane established grade. The existing pine
trees (every 20-foot on center) within the landscape buffer must be protected during the
modification of the berm and fence relocation.
2) Insert the following DA provision: The required 25-foot landscape buffer adjacent to E. Zaldia
Street/Zaldia Lane must be landscaped and maintained in accord with the approved final plat
landscape plan dated 7-27-05, including but not limited to; the replanting of trees, shrubs, other
vegetative groundcover and repairs to the irrigation system.
Kingsbridge MDA- 13-003 Page 10